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Notice of Opposition Opposer Information Applicant Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1060575 Filing date: 06/08/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name Lotto Sport Italia S.p.A. Granted to Date 06/07/2020 of previous ex- tension Address VIA MONTEBELLUNA 5/7 TREVIGNANO (TV), 31040 ITALY Attorney informa- JAMES J. BITETTO tion TUTUNJIAN & BITETTO, P.C. 401 BROADHOLLOW ROAD, SUITE 402 MELVILLE, NY 11747 UNITED STATES [email protected], [email protected] 6318440080 Applicant Information Application No 88235696 Publication date 12/10/2019 Opposition Filing 06/08/2020 Opposition Peri- 06/07/2020 Date od Ends Applicant Linq3 Technologies LLC One Buckhead Plaza 3060 Peachtree Rd. NW, Suite 1500 Atlanta, GA 30305 UNITED STATES Goods/Services Affected by Opposition Class 035. First Use: 0 First Use In Commerce: 0 Opposed goods and services in the class: Marketing, advertising and promotion services; promoting the goods and servicesof others via computer and communication networks; providing an online plat- formfor sellers to promote their goods and services; Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 2347644 Application Date 05/11/1998 No. Registration Date 05/02/2000 Foreign Priority NONE Date Word Mark LOTTO Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1974/09/16 First Use In Commerce: 1975/10/28 PULLOVERS, GLOVES, CARDIGANS, JERSEYS, NECKWEAR, SWEATERS, SOCKS, STOCKINGS, TOPS, TIGHTS, TROUSERS, LEGGINGS, SKIRTS, JACKETS, JERKINS, SHIRTS, VESTS, WAISTCOATS, JUMPERS, TRACK SUITS, BLOUSES, BLOUSONS, JEANS, SWEAT PANTS, GYM SUITS, KNICKERS, PANTS, SHORTS, T-SHIRTS, SWEAT-SHIRTS, SUITS AND DRESSES, OVERCOATS, COATS, ANORAKS, RAINCOATS, BELTS, SUS- PENDERS, LOUNGEWEAR, UNDER-WEAR, BEACHWEAR, SLEEPWEAR, FOOTWEAR, HEADWEAR U.S. Registration 4148339 Application Date 02/16/2011 No. Registration Date 05/29/2012 Foreign Priority 08/17/2010 Date Word Mark LOTTO Design Mark Description of The mark consists of the stylized word "LOTTO" surrounded by a rectangle ap- Mark pearing to the right of two vertically connected chevrons surrounded by a square. Inbetween the vertically connected chevrons is the shape of a diamond. Goods/Services Class 018. First use: First Use: 0 First Use In Commerce: 0 [ Leather and imitation leather; ] goods made of leather and imitation leather not included in other classes, namely, bags, handbags, carry - all bags, sport bags, shoulder bags, backpacks, travel bags, duffel bags, trunks, suit bags, carriers for suits, shirts and dresses, souvenir bags, clutch bags, key cases, book bags, cosmetic bags sold empty, rucksacks, briefcases and attaché cases, wheeled- bags, wallets, pocket wallets, card wallets, document cases, business card cases, calling card cases, credit card cases, name card cases, purses, coin purses; [ animal skins and hides; ] trunks and traveling bags; umbrellas, [ para- sols andwalking stick handles; whips, harnessesand saddlery ] Class 025. First use: First Use: 0 First Use In Commerce: 0 Clothing, namely, shirts, body shirts, tank shirts, camp shirts, dress shirts, sweatshirts, t-shirts, knit shirts, long-sleeved shirts, short-sleeved shirts, mois- ture-wicking sports shirts, polo shirts, shirts for suits, sports shirts, wind shirts, pants, padded pants, gym pants, jogging pants, lounge pants, sports pants, moisture-wicking sports pants, petti-pants, stretch pants, sweat pants, tappants, track pants, wind pants, Bermudashorts, jackets, men's and women's jackets, outer jackets, padded jackets, sleeved or sleeveless jackets, sports jackets, sweat jackets, waterproof jackets, wind-jackets, athletic uniforms, coats, trousers, vests, skirts, dresses, jumpers,socks, stockings, tights, ties, under- wear, pajamas, bathing suits, swim trunks,gloves, footwear, headgear, namely, hats, caps, caps with visors, bandannas, head scarves, sun visors, berets Class 028. First use: First Use: 0 First Use In Commerce: 0 [ Games and playthings, namely, marionettes, dolls, toy model trains, toy mo- biles, playing cards, dominoes, rocking horses, musical toys; ] Gymnastic and sporting articles not included in other classes, namely, gymnastic apparatus, shin guards for athletic use, soccer shin guards; sports balls, namely, footballs, paddleballs, lacrosse balls, racket balls, squash balls, soccer balls, basket balls,volley balls, tennis balls, golf balls,rugby balls, cricket balls, rubber balls, table tennis balls, tennis rackets, table tennis bats; tennis racket covers, squash, tennis and table tennis racket paddles, table tennis paddles, knee guards for athletic use, football gloves, golf gloves, baseball gloves; Bowling gloves, Hand- ball gloves; Hockey gloves; chestprotectors for sports; football or soccer goals, soccer goal nets, soccer ball knee pads; [ skis; water skis, golf clubs; decora- tions for Christmas trees not including confectionery and illumination articles ] Class 035. First use: First Use: 0 First Use In Commerce: 0 Retail and wholesale store services featuring clothing, sport clothing, footwear, sport footwear, headgear, belts, [ perfumes, cosmetics, soaps, wristwatches and pocket watches, glasses, sunglasses and reading glasses, ] sports glasses, [ frames, spectacle cases, ] life-saving and protective clothing and footwear, pro- tective helmets for the practice of sports, luggage, rucksacks, bags and traveling bags for sports, bags for sports articles, [ articles of paper, stationary, ]gymnastic and sports equipment, ball for playing sports, shin guards, knee guards and gloves for the practice of sports; Online wholesale and retail store services featuring clothing, sport clothing,footwear, sport footwear, headgear, [ belts, ][ perfumes, cosmetics, soaps, wristwatches and pocket watches, glasses, sunglasses and reading glasses, sports glasses, frames, spectacle cases, life- saving and protective clothing and footwear, protective helmets for the practice ofsports, luggage, ] rucksacks, bags and traveling bags for sports, bags for sports articles, [ articles of paper, stationary, ] gymnastic and sports equipment, ball for playing sports, shin guards, [ knee guards and ] gloves for the practice of sports; On-line ordering services featuring clothing, sport clothing, footwear, sport footwear, headgear, belts, [ perfumes, cosmetics, soaps, wristwatchesand pocket watches, glasses, sunglassesand reading glasses, ] sports glasses, [ frames, spectacle cases, ] life-savingand protective clothing and footwear, pro- tective helmets for the practice of sports, luggage, rucksacks, bags and traveling bags for sports, bags for sports articles, [ articles of paper, stationary,] gymnast- ic and sports equipment, ball for playing sports, shin guards, knee guards and gloves for the practice of sports; Mail order services featuring clothing, sport clothing, footwear, sport footwear, headgear, [ belts, perfumes, cosmetics, soaps, wristwatches and pocket watches, glasses, sunglasses and reading glasses, sports glasses, frames, spectaclecases, life-saving and protective clothing and footwear, protective helmets forthe practice of sports, luggage, ] rucksacks, bags and traveling bags for sports, bags for sports articles, [articles of paper, stationary, ] gymnastic and sports equipment, ball for playing sports, shin guards, [ knee guards and ]gloves for the practice of sports; Catalog order- ing service featuring clothing, sport clothing, footwear, sport footwear, headgear, [ belts, perfumes, cosmetics, soaps,wristwatches and pocket watches, glasses, sunglasses and reading glasses, sports glasses, frames, spectacle cases, life- saving and protective clothing and footwear, protective helmets for the practice of sports, luggage, ] rucksacks, bags and traveling bags for sports, bags for sports articles, [ articles of paper, stationary, ] gymnastic and sports equipment, ball for playing sports, shin guards, [ knee guards and ]gloves for the practice of sports Attachments 75482935#TMSN.png( bytes ) 79096741#TMSN.png( bytes ) 374-626 - Notice of Opposition.pdf(165165 bytes ) Signature /Susan Paik/ Name Susan Paik Date 06/08/2020 Attorney Docket: 374-626 Opposition Mark: LOTTO.FUN IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD _________________________________ Lotto Sport Italia, S.p.A., Opposer, Opposition No.: [TBD] v. Serial No.: 88/235,696 Mark: LOTTO.FUN Published: December 10, 2019 Linq3 Technologies LLC Applicant. _________________________________ Trademark Trial and Appeal Board U.S. Patent and Trademark Office P.O. Box 1451 Alexandria, VA 22313-1451 Notice of Opposition Lotto Sport Italia, S.p.A. (“Opposer”), a Joint Stock Company organized and existing under the laws of Italy, and having a principal place of business at Via Montebelluna 5/7, Trevignano (TV) 31040 ITALY, believes that it will damaged by, and hereby opposes, the grant of the application of Linq3 Technologies LLC (“Applicant”), a Limited Liability Company of Delaware at One Buckhead Plaza, 3060 Peachtree Rd. NW, Suite 1500, Atlanta, Georgia 30305, to register the mark “LOTTO.FUN” (Word mark) shown in the application Serial Number 88/235,696 filed December 19, 2018 for “Marketing, advertising and promotion services; promoting the
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